- 39 - quantify or explain how he adjusted his analysis to take account of that factor. Indeed, such factor has recently been rejected by the Court of Appeals for the Ninth Circuit, the likely venue of any appeal in this case. Estate of Simplot v. Commissioner, 249 F.3d 1191, 1195 (9th Cir. 2001), revg. 112 T.C. 130 (1999). We did not find Dr. Spiro’s oral testimony to be persuasive. It did not bolster what we found to be weak analysis in his written reports. We found Dr. Bajaj’s analysis in support of his 25-percent basic discount to be both thorough and convincing, and we find that a basic discount for lack of marketability in the amount of 25 percent is appropriate. d. Additional Discounts (1) Discount for Lack of Control Dr. Bajaj describes his entire 35-percent discount as a discount for lack of marketability. We view his proposed discount for “agency problems”, however, as a discount for minority status (or lack of control), as it is based upon the inability of the owner of the shares to force the majority shareholder, Gary Heck, to make dividend distributions. Dr. Bajaj’s discount for minority status takes into account factors similar to what Dr. Spiro took into account in addressing problems associated with Korbel’s S corporation status, at least to the extent that Dr. Spiro’s discount relates to the same lackPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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